Kingsnorth Finance Limited v Tizzard [1986]

Application in context of surveyor acting on behalf of
mortgagee.
Unregistered title in sole name of husband.
Held it on trust for sale for himself and wife.
Marriage broke down.
Wife spent some nights at sister’s house although kept
clothes etc in matrimonial home.
Husband negotiated loan from plaintiffs.
Surveyor visited house.
Husband told him his wife had left him to live with
someone nearby.
On basis of surveyor’s report, plaintiffs granted him
mortgage.
Husband emigrated – they claimed possession.
Judge Finlay QC held surveyor had constructive notice
of wife’s equitable interest.
This notice imputed to plaintiffs.
[Judge also considered position if case involved
registered land.
Wife was in
actual occupation because presence is not negatived by regular and repeated
absence.]